Philadelphia Ry Co v. Hancock, No. 415

CourtUnited States Supreme Court
Writing for the CourtMcREYNOLDS
PartiesPHILADELPHIA & R RY. CO. v. HANCOCK
Docket NumberNo. 415
Decision Date01 June 1920

253 U.S. 284
40 S.Ct. 512
64 L.Ed. 907
PHILADELPHIA & R RY. CO.

v.

HANCOCK.

No. 415.
Argued March 2, 1920.
Decided June 1, 1920.

Messrs. George Gowen Parry and Charles Heebner, both of Philadelphia, Pa., for plaintiff in error.

Mr. Hannis Taylor, of Washington, D. C., for defendant in error.

Page 285

Mr. Justice McREYNOLDS delivered the opinion of the Court.

The judgment below affirmed an award for respondent under the Workmen's Compensation Act of Pennsylvania (Act June 2, 1915 [P. L. 736]), granted because of the death of her husband from an accident while in the petitioner's employ as a trainman.

After a writ of error had been sued out we allowed a writ of certiorari. 250 U. S. 658, 40 Sup. Ct. 54, 63 L. Ed. 1193. The former must be dismissed; the case is properly here upon the latter.

If, when the accident occurred, the husband was employed in commerce between states, the challenged judgment must be reversed, and he was so employed if any of the cars in his train contained interstate freight. Employers' Liability Act April 22, 1908, c. 149, 35 Stat. 65 (Comp. St. §§ 8657-8665); St. L., S. F. & Tex. Ry. v. Seale, 229 U. S. 156, 161, 33 Sup. Ct. 651, 57 L. Ed. 1129, Ann. Cas. 1914C, 156; New York Central & Hudson River R. R. Co. v. Carr, 238 U. S. 260, 35 Sup. Ct. 780, 59 L. Ed. 1298; New York Central R. R. Co. v. Winfield, 244 U. S. 147, 37 Sup. Ct. 546, 61 L. Ed. 1045, L. R. A. 1918C, 439, Ann. Cas. 1917D, 1139; New York Central R. R. Co. v. Porter, 249 U. S. 168, 39 Sup. Ct. 188, 63 L. Ed. 536; Southern Pacific Co. v. Industrial Accident Commission (January 5, 1920) 251 U. S. 259, 40 Sup. Ct. 130, 64 L. Ed. ——.

The essential facts are not in controversy; the nature of the employment, therefore, is a question of law.

The duties of the deceased never took him out of Pennsylvania; they related solely to transporting coal from the mines. When injured he belonged to a crew operating a train of loaded cars from Locust Gap colliery to Locust Summit yard, two miles away. The ultimate destination of some of these cars was outside of Pennsylvania. This appeared from instruction cards or memoranda delivered to the conductor by the shipping clerk at the mine. Each of these referred to a particular car by number and contained certain code letters indicating that such car with its load would move beyond the state.

Pursuing the ordinary course these cars were hauled to

Page 286

Locust Summit yard and placed upon appropriate...

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89 practice notes
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • 30 Marzo 1925
    ...239 U.S. 576, 60 L.Ed. 448; Illinois Central R. R. Co. v. Skaggs, 240 U.S. 66, 60 L.Ed. 528; Philadelphia & Reading R. R. Co. v. Hancock, 253 U.S. 284, 64 L.Ed. 907; Erie R. R. Co v. Szary, 253 U.S. 86, 64 L.Ed. 794; Philadelphia & Reading R. R. Co. v. Didonato, 256 U.S. 327, 65 L.Ed. 955; ......
  • McNatt v. Wabash Ry. Co., No. 34916.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Julio 1937
    ...carried both intrastate and interstate freight and was, therefore, an interstate train. [Philadelphia & Reading Ry. Co. v. Hancock, 253 U.S. 284, 40 Sup. Ct. 512, 64 L. Ed. 907, and cases there cited; Youngstown & Ohio River Railroad Co. v. Halverstodt (C.C.A.), 12 Fed. (2d) 995.] According......
  • Rogers v. Lyft, Inc., Case No. 20-cv-01938-VC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 7 Abril 2020
    ...68 L.Ed. 433 (1924) (discussing "the loading or unloading of an interstate shipment"); Philadelphia & Reading Railroad Co. v. Hancock , 253 U.S. 284, 286, 40 S.Ct. 512, 64 L.Ed. 907 (1920) (first intrastate leg of interstate coal route); Rittmann v. Amazon.com, Inc. , 383 F. Supp. 3d 1196, ......
  • Waithaka v. Amazon.Com, Inc., No. 19-1848
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 17 Julio 2020
    ...of people: (1) those who transported goods or passengers that were moving interstate, see, e.g., Phila. & Reading Ry. Co. v. Hancock, 253 U.S. 284, 285-86, 40 S.Ct. 512, 64 L.Ed. 907 (1920), and (2) those who were not involved in transport themselves but were in positions "so closely relate......
  • Request a trial to view additional results
89 cases
  • Mississippi Cent R. Co. v. Knight, 24615
    • United States
    • Mississippi Supreme Court
    • 30 Marzo 1925
    ...239 U.S. 576, 60 L.Ed. 448; Illinois Central R. R. Co. v. Skaggs, 240 U.S. 66, 60 L.Ed. 528; Philadelphia & Reading R. R. Co. v. Hancock, 253 U.S. 284, 64 L.Ed. 907; Erie R. R. Co v. Szary, 253 U.S. 86, 64 L.Ed. 794; Philadelphia & Reading R. R. Co. v. Didonato, 256 U.S. 327, 65 L.Ed. 955; ......
  • McNatt v. Wabash Ry. Co., No. 34916.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Julio 1937
    ...carried both intrastate and interstate freight and was, therefore, an interstate train. [Philadelphia & Reading Ry. Co. v. Hancock, 253 U.S. 284, 40 Sup. Ct. 512, 64 L. Ed. 907, and cases there cited; Youngstown & Ohio River Railroad Co. v. Halverstodt (C.C.A.), 12 Fed. (2d) 995.] According......
  • Rogers v. Lyft, Inc., Case No. 20-cv-01938-VC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 7 Abril 2020
    ...68 L.Ed. 433 (1924) (discussing "the loading or unloading of an interstate shipment"); Philadelphia & Reading Railroad Co. v. Hancock , 253 U.S. 284, 286, 40 S.Ct. 512, 64 L.Ed. 907 (1920) (first intrastate leg of interstate coal route); Rittmann v. Amazon.com, Inc. , 383 F. Supp. 3d 1196, ......
  • Waithaka v. Amazon.Com, Inc., No. 19-1848
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 17 Julio 2020
    ...of people: (1) those who transported goods or passengers that were moving interstate, see, e.g., Phila. & Reading Ry. Co. v. Hancock, 253 U.S. 284, 285-86, 40 S.Ct. 512, 64 L.Ed. 907 (1920), and (2) those who were not involved in transport themselves but were in positions "so closely relate......
  • Request a trial to view additional results

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